You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. Modato through the Site intends to provide its users with a premium curated collection of designer wear to help the affluent-conscious woman evolve her unique style. We aim to create an online experience that is just as indulgent as the process of buying an item in-store. The site will be focused on offering a curated assortment, convenience and customer service to help meet the needs of the demanding premium/luxury buyer.

The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together “Policies”) as modified and amended from time to time.

For these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to access the Website. By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site.

You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

Modato reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and at its sole discretion. If Modato decides to change the Terms of Use or Policies, Modato will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

Privacy Policy

Modato may use your Personal Information such as name, e-mail, postal addresses, phone number(s), IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, etc;, (collectively “Personal Information”) collected:

• send you or your friends, relatives or associates, products that you have ordered;
• process gift card transactions;
• help us learn more about your shopping preferences; or
• conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and helping us improve your shopping experiences and product offerings.
• to send communication related to order updates and offers through e-mail, SMS and social media channels.

You may always choose not to receive promotional materials or marketing information.

Privacy Practices

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Modato following the terms and purposes outlined in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Modato without any notice.

Your Account

This Site is directed to be used by adults only. We assume that any minor if at all, accessing our Site is under the supervision of their guardians. Modato or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Modato.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use and/or Policies are violated or if we decide, in our sole discretion, that it would be in Modato’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us following our Privacy Policy.

Product & Services Information

Modato attempts to be as accurate as possible in the description of the product on the Site. However, Modato does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Modato reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

Product Use & Services

The products and services available on the Site, and the samples, if any, that Modato may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any commercial reasons.

Modato is in no manner responsible for any manufactural defects. The service provider and manufacturer of the product or service shall be solely responsible for such defects and consumer complaints. You should carefully read the individual terms and conditions of the products.

Recommendation of Products & Services

Any recommendation made to you in the Site during your use of the Site is purely for informational purposes and your convenience and does not amount to an endorsement of the product or services by Modato or any of its associates in any manner.

Pricing & Payment Information

Modato strives to provide accurate product and pricing information, however, errors may occur. Modato cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 9 (Cancellations, Refunds and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, Modato shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. If an item is wrongly priced, Modato may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Modato will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. If Modato accepts your order the same shall be debited to your credit card account, debit card account or any mode through which the payment was made and duly notified to you by email that the payment has been processed. The payment may be processed before Modato dispatches the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF MODATO. Modato may revise and cease to make available any product/ services at any time. In the event, Modato is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically cancelled due to the unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Modato shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

Mode of Payment

Payments for the products available on the Site may be made in the following ways

• Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and reward points.
• Credit cards, Debit cards and Net Banking payment options, Wallets, and e-Gift cards are instant payment options and are recommended to ensure faster processing of your order.

Shipping & Delivery

We endeavour to dispatch your order within the time as committed on the product page, however, due to unforeseen circumstances, the dispatch of your order can take up to [7] business days. You will be intimated via email upon dispatch of the order. Once the order is dispatched, it normally takes [2-5] business days for delivery within India and [7-10] business days for deliveries outside India. Unforeseen circumstances on the logistics provider’s end may cause delays for which Modato shall not be liable.

Customs & Import Duties Information for International Orders

You may be subject to import duties that are levied once the package reaches your country. Additional charges for customs clearance must be borne by You; Modato has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, you should contact your local customs office for further information. Additionally, when ordering from Modato, you are considered the importer on record and must comply with all laws and regulations of the country in which you are receiving the merchandise.

User Content

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:

• belongs to another person and to which the user does not have any right;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Modato shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Modato does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Modato. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Modato be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Modato for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content

You hereby acknowledge that Modato has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Modato has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), the email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

Intellectual Property Rights

The “Modato” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Modato. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Modato or others, are the intellectual property of their respective owners, and Modato shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Modato and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Modato and is protected by Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You shall not download or copy the Contents and other downloadable materials displayed on the Site for your personal use. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Modato explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Modato, any of its affiliates or by third parties who have licensed their materials to Modato and are protected by Indian copyright laws and international treaties.

Web Browser Cookies

Cookies are small pieces of information that are stored by a web server on a web browser so they can be later read back from that browser. No personal information about you is gathered or stored in the cookies by the Website and, as a result, none can be passed on to any third parties. We use cookies and other technologies such as pixel tags and clear gifs to store certain types of information each time you visit any page on our Website/Application. Cookies enable the Website/Application to recognize the information you have consented to give to the Website/Application and help us determine what portions of this Website/Application are most appropriate for your personal needs. Most cookies are ‘session cookies meaning that they are automatically deleted from your device at the end of a session.

Users may choose to set their web browser to refuse cookies. If you haven’t changed your computer’s settings, most likely your browser already accepts cookies. If you choose to decline cookies, you may not be able to fully experience all features of the website. You can also delete your browser cookies or disable them entirely. But this may significantly impact your experience with our website and may make parts of our website non-functional or inaccessible.

Third-Party Services & Websites

Website/Application does not control the content or links that appear on the third-party websites and is not responsible for the practices employed by these websites linked to or from our Website/Application, even if users may find content on our site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website/Application, is subject to that website’s terms and conditions.

You, at your risk and volition entirely, are advised to deal with the services of our partners, suppliers, advertisers, sponsors, licensors and other third parties if you intend to. By allowing such advertisements, Modato does not recommend or market or warranty the advertisers, the quality, commitment, deliverables, fitness for consumption, reasonability of their products/services or the advertisers’ commitment to protecting your Personal Information

Disclaimer of Warranty and Limitation of Liability

THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF MODATO. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.